West Memphis Three: Damien Echols, Jessie Misskelley Jr. and Jason Baldwin; Attorneys have filed a motion for records on missing evidence, The Arkansas Democrat-Gazette reports... "Baldwin and Misskelley had been serving life sentences, while Echols was a death-row inmate. In hopes of clearing their name, the men have turned to a new DNA testing method called M-Vac. But evidence from the case they hoped to get tested is missing or was destroyed, according to attorneys Stephen Braga and Patrick Benca, who represent Echols."

PASSAGE OF THE DAY: "The attorneys said an Arkansas Freedom of Information Act request was filed for records that could explain why evidence from the case is missing, but that the request has gone unanswered. That prompted Echols’ attorneys to file a motion Friday in Crittenden County Circuit Court."

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STORY: “Attorneys file motion for records on missing West Memphis Three evidence,” by Reporter Neal Earley, published by The Arkansas Democrat-Gazette on July 16, 2021.

PHOTO CAPTION: The West Memphis Three sit at a table during a news conference at the Craighead County Courthouse in Jonesboro after their release from prison in this Aug. 19, 2011, file photo. From left are Damien Echols, Jessie Misskelley Jr. and Jason Baldwin. The three had pleaded guilty to the 1993 deaths of three West Memphis children in exchange for an 18-year sentence plus time served, enabling their release from prison.”

GIST: “Attorneys for one of the three men convicted in the 1993 Arkansas murder case that gripped the nation filed a motion Friday seeking answers to why pieces of evidence are missing.

The West Memphis Three — Damien Echols, Jason Baldwin and Jessie Misskelley — were convicted in 1994 for the brutal murder of three 8-year-old boys whose bodies were discovered in a drainage ditch near West Memphis.

In 2011, the three men were released from prison as part of an agreement known as an Alford Plea. The men are allowed to maintain their innocence, but pleaded guilty in court, acknowledging that the state had enough evidence against them to secure a conviction. In exchange, the three men’s sentences were changed to 18 years plus time served. Baldwin and Misskelley had been serving life sentences, while Echols was a death-row inmate.

In hopes of clearing their name, the men have turned to a new DNA testing method called M-Vac. But evidence from the case they hoped to get tested is missing or was destroyed, according to attorneys Stephen Braga and Patrick Benca, who represent Echols.

The attorneys said an Arkansas Freedom of Information Act request was filed for records that could explain why evidence from the case is missing, but that the request has gone unanswered. That prompted Echols’ attorneys to file a motion Friday in Crittenden County Circuit Court."

The entire story can be read at: 

https://www.arkansasonline.com/news/2021/jul/16/attorneys-file-motion-records-missing-west-memphis/?latest

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;

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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;

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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!

Christina Swarns: Executive Director: The Innocence Project;